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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge Asked Why TX Didn't Enforce Its Own Abortion Ban If It's "Confident" The Law Is Constitutional
Link to tweet
https://www.buzzfeednews.com/article/zoetillman/texas-abortion-law-justice-department-lawsuit
WASHINGTON During arguments Friday over the Justice Departments effort to halt Texass six-week abortion ban, US District Judge Robert Pitman told the states lawyer that he had an obvious question.
If Texas was so confident in the constitutionality of a law that prohibits doctors from performing nearly all abortions after around the sixth week of pregnancy, the judge asked, why did the state go to such great lengths to avoid enforcing it directly?
Pitman noted the unusual nature of Texass SB 8, hitting at a core issue thats dominated fights over the law so far: whether Texas had found a way to structure an early-term abortion ban to avoid a constitutional challenge the state would likely lose if it tried to enforce it. Courts have repeatedly struck down state laws that ban abortions early in a pregnancy and leave enforcement to prosecutors or other government officials. SB 8 instead deputizes individuals to sue anyone they suspect of performing or aiding an abortion.
Pitman didnt say how or when hed rule, but his question at a minimum suggested a skepticism of Texass insistence that SB 8 wasnt intended as an attempt to end-run legitimate legal challenges to the law. Texas has claimed that people can raise the constitutional question as a defense if theyre sued, but said that abortion providers and the Justice Department cant bring lawsuits arguing SB 8 should be struck down on constitutional grounds.
*snip*
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Judge Asked Why TX Didn't Enforce Its Own Abortion Ban If It's "Confident" The Law Is Constitutional (Original Post)
Nevilledog
Oct 2021
OP
Response to Nevilledog (Original post)
Chin music This message was self-deleted by its author.
Yo_Mama_Been_Loggin
(107,065 posts)2. K&R
crickets
(25,896 posts)3. K&R for visibility.
UTUSN
(70,496 posts)4. The crux question.